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LA04/2018/1216/F Units E-F, Westwood Shopping Centre, 51

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LA04/2018/1216/F Units E-F, Westwood Shopping Centre, 51 Development Management Officer Report Committee Application Summary Committee Meeting Date: 11 September 2018 Application ID: LA04/2018/1216/F Proposal: Location: Amalgamation of units E and F, creation of Units E-F Westwood Shopping Centre 51 new mezzanine floor, minor elevational Kennedy Way Belfast BT11 9BQ changes and change of use from comparison retail (Class A1) to an indoor trampoline park (Sui Generis) including trampoline play area, party areas and ancillary facilities. Referral Route: Major Development (floorspace over 1000 sqm outside town centre) Recommendation: Approval Applicant Name and Address: Agent Name and Address: Johncorp (No.3) Limited Turley Rushmore House Hamilton House 46 Cadogan Park 3 Joy Street Belfast Belfast BT9 6HH BT2 8LE Executive Summary: The application seeks full planning permission for the amalgamation of units E and F, minor elevational changes and change of use from comparison retail (Class A1) to an indoor trampoline park (Sui Generis) including trampoline play area, party areas and ancillary facilities The key issues are: - Principle of amalgamation of Units E and F and change of use - Economic benefit - Design - Access, Movement, Parking and Transportation - Contaminated land The site is located within the Westwood Centre off Kennedy Way. The application relates to two adjacent vacant retail stores. The proposal has been assessed against and is considered to comply with the Strategic Planning Policy Statement for Northern Ireland (SPPS), Belfast Urban Area Plan 2001 (BUAP), Draft Belfast Metropolitan Area Plan 2015 (BMAP) and Planning Policy Statement (PPS3). All statutory consultees have raised no issues of concern. Accordingly, it is recommended that the proposal is approved subject to the conditions set out in the report and it is requested that committee delegate authority to finalise wording of conditions. Application ID: LA04/2018/1216/F Case Officer Report Site Location Plan Representations: Letters of Support None Received Letters of Objection None Received Number of Support Petitions and No Petitions Received signatures Number of Petitions of Objection and No Petitions Received signatures Characteristics of the Site and Area 1.0 Description of Proposed Development Amalgamation of units E and F, creation of new mezzanine floor, minor elevational changes and change of use from comparison retail (Class A1) to an indoor trampoline park (Sui Generis) including trampoline play area, party areas and ancillary facilities 2.0 Description of Site The site is located within the Westwood Centre off Kennedy Way. The application relates to two existing retail stores, units E and F, which are in the middle of a row. There is car parking to the front and access for service vehicles to the rear. The site is mostly level. The boundaries are defined by paladin fencing. The site is adjacent to other retail uses, including Asda and B and M Bargains, as well as an Ulster Bank and McDonalds. Page 2 of 12 Application ID: LA04/2018/1216/F Planning Assessment of Policy and Other Material Considerations 3.0 Site History There is extensive planning history which relates to the Westwood Centre however the planning history listed below is the most recent: Z/1989/2443/F – Shopping centre and associated car parking –Approved – 02/09/89 Z/2009/1692/LDP - Internal alterations to facilitate the erection of a mezzanine floor within the existing supermarket premises - Permitted – 19/01/10 Z/2011/1494/F - Proposed extension and alterations to existing Westwood Centre to provide new car parking, new retail and ancillary storage incorporating a 35,000 ft sq food store - Approved – 26/11/12 LA04/2017/1403/F – Application for the change of use to Unit G at the Westwood Shopping Centre from non-convenience goods sales to a Bank (classA2) with the provision of ATM and night safe to the front elevation - Approved – 25/07/17 LA04/2017/1399/F - Variation of condition 2 (gross floorspace restriction) of planning permission Z/2011/1494 (Proposed extension and alterations to existing Westwood Centre to provide new car parking, new retail and ancillary storage incorporating a 35,000 ft. sq. food store) to allow for the reconfiguration of Units F and G and an increase in the gross floorspace of Unit F – Approval – 17/08/17 LA04/2018/0732/F - Amalgamation of existing ASDA and adjacent retail unit to facilitate extension to existing supermarket; external alterations and improvements – Approved – 09/08/18 LA04/2018/0968/F - Application under Section 54 of the Planning Act (Northern Ireland) 2011 in respect to planning permission LA04/2017/1399/F for the variation of conditions 2, 3 and 4 to allow for the reallocation of approved convenience and comparison floorspace between Unit 11 and Unit H – Approved – 09/08/18 4.0 Policy Framework 4.1 (Draft) Belfast Metropolitan Area Plan (BMAP) 2015 and Belfast Urban Area Plan 2001 (BUAP) 4.1.1 Westwood Centre District Centre: BT 010/5 4.1.2 Rapid Transit Route 4.2 Strategic Planning Policy Statement (SPPS) 4.2.1 Good Design paras.15-19 4.2.2 Town Centres and Retailing paras. 6.272 - 6.283 4.3 Planning Policy Statement (PPS) 3: Access, Movement and Parking 4.3.1 Policy AMP 1: Creating an Accessible Environment 4.3.2 Policy AMP 7: Car Parking and Servicing Arrangements 5.0 Statutory Consultees Responses 5.1 DRD Transport NI - No objection 5.2 NI Water – No objection 6.0 Non Statutory Consultees Responses 6.1 Belfast City Council (BCC) Environmental Health - No objection subject to condition 7.0 Representations 7.1 The application has been neighbour notified and advertised in the local press. No comments have been received. 8.0 Other Material Considerations 8.1 Parking Standards 9.0 Assessment 9.1 Following the recent Court of Appeal decision relating to BMAP, the extant development plan is now the Belfast Urban Area Plan 2001. However, given the stage at which the Draft BMAP Page 3 of 12 Application ID: LA04/2018/1216/F had reached pre-adoption through a period of independent examination, the policies within the Draft BMAP still carry weight and are a material consideration in the determination of planning applications. The weight to be afforded is a matter of judgement for the decision maker. The site is located inside the development limits of Belfast as shown in the draft Belfast Metropolitan Area Plan 2015, and the Westwood Centre District Centre. The site is also located adjacent to a Rapid Transit Route. Within BUAP however the site is located on unzoned land. 9.2 The proposed development will amalgamate units E and F whilst changing their use also, from retail to sui generis. A mezzanine floor will also be created with minor elevational changes. 9.3 The key issues are: - Principle of amalgamation of Units E and F and change of use - Economic benefit - Design - Access, Movement, Parking and Transportation - Contaminated land 9.4 Z/1989/2443/F with the exception of the 5 year time limit for development was not subject to any planning conditions. This granted permission for the Westwood Centre itself. Units E and F were built following the approval of Z/2011/1494/F. Principle of amalgamation of Units E and F 9.5 Unit E currently displays a retail area of 650 sqm on the ground floor and 383 sqm of mezzanine space. Unit F whereas displays a retail area of 866 sqm and a mezzanine space of 133 sqm. The amalgamation will not create any additional floorspace overall. The new mezzanine will remain the same overall floorspace but will be a reconfigured design to allow for the amalgamation. 9.6 Paras 6.272 - 6.283 of the SPPS provides the context for Town Centres and Retailing. Part 9 regulation 32 and associated Schedule of The Planning (Local Development Plan) Regulations (Northern Ireland) 2015 states: ‘during the transitional period a departmental development plan shall operate as the local development plan for the area for which it is made and shall be treated for the purposes of the 2011 Act and any other enactment relating to planning as being the local development plan for the area’. 9.7 BUAP is considered the extant plan and the site is on unzoned land, however given the advanced status of the draft BMAP purported to be adopted and the site’s location within a District Centre on BMAP should be given appropriate weight in the assessment of the proposal. The SPPS states that in the absence of an up to date LDP, as is the case, the sequential test for proposed main town centre uses will apply. However having said this the proposal is for a use not normally found in town centres and therefore there would be no economic or geographical rationale to seek an alternative location within the town centre, and hence no sequential test is required. 9.8 The site is located within a draft District Centre. District Centres fulfil an important retail role in providing customers with convenience and choice in locations outside city and town centres. They coexist with city and town centres and fulfil a role which is complimentary to the role of the city and town centres. The SPPS notes that existing district and local centres should be retained and consolidated as a focus for local everyday shopping. As stated previously the proposed use is not considered that of a town centre use and should approval be granted it will not have an adverse impact on the distinctive role of the city centre as the leading regional shopping centre. Therefore the proposal complies with Belfast City Council's objectives and policies for retailing and town centres, in that there will be no adverse impact on the viability of the town centre with the loss of this existing retail space.
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